Made Redundant, 6mth later Job available.

Ashtoroth

Hiya

I was made redundant 6 months ago (my position no longer needed). I am still friends who work where i used to, I found out today my old position is available, i beleved that if my position became available within a amount of time it had to be offered to my before offering the position.

If anyone knows what should happen. Have i a right to the job??

Any help to clear this up would be great....

Ashtoroth

Emmzi

this is a great urban myth. they do not have to reemploy you. it could be that business picked up again and now they need that kind of employee.

nothing to stop you applying though I think.

Ewarwoowar2

SueSueSue wrote: »

Depends

If its statutory no but most compromise redundancies set a time period on return

No they don't. Most compromise agreements end the employment relationship. I've never seen one that even mentions re-employment.

To the original poster, it would be very difficult to prove that your employer unfairly dismissed you because they took on next staff six months later. Like the poster said, their business could have picked up or another member of staff quit.

They are under no legal obligation to re-employ you However, there's nothing to stop you applying for the job.

poppy_f1

when i got made redundant mine stated i couldnt reapply for 6 months or have to repay redundancy money

getmore4less

Our place has no restrictions.

getmore4less

poppy_f1 wrote: »

when i got made redundant mine stated i couldnt reapply for 6 months or have to repay redundancy money

The problem with this is that it is unfare.

You get no money and lose the continuity of employment.

Even if they recognise the previous employment for enhanced redundancy for statutory you start again.

brightonman123

re apply, and hold out for more money- they know you can do the job, and they NEED someone like you..

best of luck!

brightonman123

re apply, and hold out for more money- they know you can do the job, and now they NEED someone like you..

best of luck!

ChoccyHobNob

My compromise agreement stated that I can't work for them for 2 years, and an enormous list (20+ pages) of other companies I cannot work for for 30 days. The whole point is to break continuity of service.

THRIFTY_GIRL

SueSueSue wrote: »

Well the ones I have seen normally state that the redundancy is repayable if the employee returns in a set time period (normally 1-3 years)

This from what I have seen is fairly common in the financial services

Not seen this in any that I have come accross and this includes FS. Would be best to check your individual agreement.

More of an issue usually is the taxability of the redundancy payout in this situation. Risk that HMRC may make an argument....

I would get in touch with the employer if I were you and take it from there.

HT

bigjon1968

i am in the process of being made redundant and in the package I have received from the company I work for, it clearly states they will not re-employ. Depends on what is in the paperwork you were given at the time I guess.